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S. B. No. 215 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Senators Cafaro, Turner, Kearney
A BILL
To amend sections 1710.01, 1710.02, and 1710.06 of
the Revised Code to authorize the creation of a
special improvement district to facilitate Lake
Erie shoreline improvement.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1710.01, 1710.02, and 1710.06 of
the Revised Code be amended to read as follows:
Sec. 1710.01. As used in this chapter:
(A) "Special improvement district" means a special
improvement district organized under this chapter.
(B) "Church" means a fellowship of believers, congregation,
society, corporation, convention, or association that is formed
primarily or exclusively for religious purposes and that is not
formed for the private profit of any person.
(C) "Church property" means property that is described as
being exempt from taxation under division (A)(2) of section
5709.07 of the Revised Code and that the county auditor has
entered on the exempt list compiled under section 5713.07 of the
Revised Code.
(D) "Municipal executive" means the mayor, city manager, or
other chief executive officer of the municipal corporation in
which a special improvement district is located.
(E) "Participating political subdivision" means the municipal
corporation or township, or each of the municipal corporations or
townships, that has territory within the boundaries of a special
improvement district created under this chapter.
(F) "Legislative authority of a participating political
subdivision" means, with reference to a township, the board of
township trustees.
(G) "Public improvement" means the planning, design,
construction, reconstruction, enlargement, or alteration of any
facility or improvement, including the acquisition of land, for
which a special assessment may be levied under Chapter 727. of the
Revised Code, and includes any special energy improvement project
or shoreline improvement project.
(H) "Public service" means any service that can be provided
by a municipal corporation or any service for which a special
assessment may be levied under Chapter 727. of the Revised Code.
(I) "Special energy improvement project" means any property,
device, structure, or equipment necessary for the acquisition,
installation, equipping, and improvement of any real or personal
property used for the purpose of creating a solar photovoltaic
project, a solar thermal energy project, a geothermal energy
project, a customer-generated energy project, or an energy
efficiency improvement, whether such real or personal property is
publicly or privately owned.
(J) "Existing qualified nonprofit corporation" means a
nonprofit corporation that existed before the creation of the
corresponding district under this chapter, that is composed of
members located within or adjacent to the district, that has
established a police department under section 1702.80 of the
Revised Code, and that is organized for purposes that include
acquisition of real property within an area specified by its
articles for the subsequent transfer of such property to its
members exclusively for charitable, scientific, literary, or
educational purposes, or holding and maintaining and leasing such
property; planning for and assisting in the development of its
members; providing for the relief of the poor and distressed or
underprivileged in the area and adjacent areas; combating
community deterioration and lessening the burdens of government;
providing or assisting others in providing housing for low- or
moderate-income persons; and assisting its members by the
provision of public safety and security services, parking
facilities, transit service, landscaping, and parks.
(K) "Energy efficiency improvement" means energy efficiency
technologies, products, and activities that reduce or support the
reduction of energy consumption, allow for the reduction in
demand, or support the production of clean, renewable energy and
that are or will be permanently fixed to real property.
(L) "Customer-generated energy project" means a wind,
biomass, or gasification facility for the production of
electricity that meets either of the following requirements:
(1) The facility is designed to have a generating capacity of
two hundred fifty kilowatts of electricity or less.
(a) Designed to have a generating capacity of more than two
hundred fifty kilowatts of electricity;
(b) Operated in parallel with electric transmission and
distribution facilities serving the real property at the site of
the customer-generated energy project;
(c) Intended primarily to offset part or all of the facility
owner's requirements for electricity at the site of the
customer-generated energy project and is located on the facility
owner's real property; and
(d) Not producing energy for direct sale by the facility
owner to the public.
(M) "Reduction in demand" means a change in customer behavior
or a change in customer-owned or operated assets that reduces or
has the capability to reduce the demand for electricity as a
result of price signals or other incentives.
(N) "Electric distribution utility" and "mercantile customer"
have the same meanings as in section 4928.01 of the Revised Code.
(O) "Shoreline improvement project" means acquiring,
constructing, installing, equipping, improving, maintaining, or
repairing real or tangible personal property necessary or useful
for making improvements to abate erosion along the Lake Erie
shoreline.
Sec. 1710.02. (A) A special improvement district may be
created within the boundaries of any one municipal corporation,
any one township, or any combination of contiguous municipal
corporations and townships for the purpose of developing and
implementing plans for public improvements and public services
that benefit the district. A district may be created by petition
of the owners of real property within the proposed district, or by
an existing qualified nonprofit corporation. If the district is
created by an existing qualified nonprofit corporation, the
purposes for which the district is created may be supplemental to
the other purposes for which the corporation is organized. All
territory in a special improvement district shall be contiguous;
except that the territory in a special improvement district may be
noncontiguous if at least one special energy improvement project
or shoreline improvement project is designated for each parcel of
real property included within the special improvement district.
Additional territory may be added to a special improvement
district created under this chapter for the purpose of developing
and implementing plans for special energy improvement projects or
shoreline improvement projects if at least one special energy
improvement project or shoreline improvement project,
respectively, is designated for each parcel of real property
included within such additional territory and the addition of
territory is authorized by the initial plan proposed under
division (F) of this section or a plan adopted by the board of
directors of the special improvement district under section
1710.06 of the Revised Code.
The district shall be governed by the board of trustees of a
nonprofit corporation. This board shall be known as the board of
directors of the special improvement district. No special
improvement district shall include any church property, or
property of the federal or state government or a county, township,
or municipal corporation, unless the church or the county,
township, or municipal corporation specifically requests in
writing that the property be included within the district, or
unless the church is a member of the existing qualified nonprofit
corporation creating the district at the time the district is
created. A special improvement district created to implement a
shoreline improvement project may include property held by the
state in trust for the people. More than one district may be
created within a participating political subdivision, but no real
property may be included within more than one district unless the
owner of the property files a written consent with the clerk of
the legislative authority, the township fiscal officer, or the
village clerk, as appropriate. The area of each district shall be
contiguous; except that the area of a special improvement district
may be noncontiguous if all parcels of real property included
within such area contain at least one special energy improvement
thereon or shoreline improvement.
(B) Except as provided in division (C) of this section, a
district created under this chapter is not a political
subdivision. A district created under this chapter shall be
considered a public agency under section 102.01 and a public
authority under section 4115.03 of the Revised Code. Each member
of the board of directors of a district, each member's designee or
proxy, and each officer and employee of a district shall be
considered a public official or employee under section 102.01 of
the Revised Code and a public official and public servant under
section 2921.42 of the Revised Code. Districts created under this
chapter are not subject to sections 121.81 to 121.83 of the
Revised Code. Districts created under this chapter are subject to
sections 121.22 and 121.23 of the Revised Code.
(C) Each district created under this chapter shall be
considered a political subdivision for purposes of section 4905.34
of the Revised Code.
Membership on the board of directors of the district shall
not be considered as holding a public office. Directors and their
designees shall be entitled to the immunities provided by Chapter
1702. and to the same immunity as an employee under division
(A)(6) of section 2744.03 of the Revised Code, except that
directors and their designees shall not be entitled to the
indemnification provided in section 2744.07 of the Revised Code
unless the director or designee is an employee or official of a
participating political subdivision of the district and is acting
within the scope of the director's or designee's employment or
official responsibilities.
District officers and district members and directors and
their designees or proxies shall not be required to file a
statement with the Ohio ethics commission under section 102.02 of
the Revised Code. All records of the district shall be treated as
public records under section 149.43 of the Revised Code, except
that records of organizations contracting with a district shall
not be considered to be public records under section 149.43 or
section 149.431 of the Revised Code solely by reason of any
contract with a district.
(D) Except as otherwise provided in this section, the
nonprofit corporation that governs a district shall be organized
in the manner described in Chapter 1702. of the Revised Code.
Except in the case of a district created by an existing qualified
nonprofit corporation, the corporation's articles of incorporation
are required to be approved, as provided in division (E) of this
section, by resolution of the legislative authority of each
participating political subdivision of the district. A copy of
that resolution shall be filed along with the articles of
incorporation in the secretary of state's office.
In addition to meeting the requirements for articles of
incorporation set forth in Chapter 1702. of the Revised Code, the
articles of incorporation for the nonprofit corporation governing
a district formed under this chapter shall provide all the
following:
(1) The name for the district, which shall include the name
of each participating political subdivision of the district;
(2) A description of the territory within the district, which
may be all or part of each participating political subdivision.
The description shall be specific enough to enable real property
owners to determine if their property is located within the
district.
(3) A description of the procedure by which the articles of
incorporation may be amended. The procedure shall include
receiving approval of the amendment, by resolution, from the
legislative authority of each participating political subdivision
and filing the approved amendment and resolution with the
secretary of state.
(4) The reasons for creating the district, plus an
explanation of how the district will be conducive to the public
health, safety, peace, convenience, and welfare of the district.
(E) The articles of incorporation for a nonprofit corporation
governing a district created under this chapter and amendments to
them shall be submitted to the municipal executive, if any, and
the legislative authority of each municipal corporation or
township in which the proposed district is to be located. Except
in the case of a district created by an existing qualified
nonprofit corporation, the articles or amendments shall be
accompanied by a petition signed either by the owners of at least
sixty per cent of the front footage of all real property located
in the proposed district that abuts upon any street, alley, public
road, place, boulevard, parkway, park entrance, easement, or other
existing public improvement within the proposed district,
excluding church property or property owned by the state, county,
township, municipal, or federal government, unless a church,
county, township, or municipal corporation has specifically
requested in writing that the property be included in the
district, or by the owners of at least seventy-five per cent of
the area of all real property located within the proposed
district, excluding church property or property owned by the
state, county, township, municipal, or federal government, unless
a church, county, township, or municipal corporation has
specifically requested in writing that the property be included in
the district. Pursuant to Section 2o of Article VIII, Ohio
Constitution, the petition required under this division may be for
the purpose of developing and implementing plans for special
energy improvement projects or shoreline improvement projects,
and, in such case, is determined to be in furtherance of the
purposes set forth in Section 2o of Article VIII, Ohio
Constitution. If a special improvement district is being created
under this chapter for the purpose of developing and implementing
plans for special energy improvement projects or shoreline
improvement projects, the petition required under this division
shall be signed by one hundred per cent of the owners of the area
of all real property located within the proposed special
improvement district, at least one special energy improvement
project or shoreline improvement project shall be designated for
each parcel of real property within the special improvement
district, and the special improvement district may include any
number of parcels of real property as determined by the
legislative authority of each participating political subdivision
in which the proposed special improvement district is to be
located. For purposes of determining compliance with these
requirements, the area of the district, or the front footage and
ownership of property, shall be as shown in the most current
records available at the county recorder's office and the county
engineer's office sixty days prior to the date on which the
petition is filed.
Each municipal corporation or township with which the
petition is filed has sixty days to approve or disapprove, by
resolution, the petition, including the articles of incorporation.
In the case of a district created by an existing qualified
nonprofit corporation, each municipal corporation or township has
sixty days to approve or disapprove the creation of the district
after the corporation submits the articles of incorporation or
amendments thereto. This chapter does not prohibit or restrict the
rights of municipal corporations under Article XVIII of the Ohio
Constitution or the right of the municipal legislative authority
to impose reasonable conditions in a resolution of approval. The
acquisition, installation, equipping, and improvement of a special
energy improvement project under this chapter shall not supersede
any local zoning, environmental, or similar law or regulation. In
addition, all activities associated with a shoreline improvement
project that is implemented under this chapter shall comply with
all applicable local zoning requirements, all local, state, and
federal environmental laws and regulations, and all applicable
requirements established in Chapter 1506. of the Revised Code and
rules adopted under it.
(F) Persons proposing creation and operation of the district
may propose an initial plan for public services or public
improvements that benefit all or any part of the district. Any
initial plan shall be submitted as part of the petition proposing
creation of the district or, in the case of a district created by
an existing qualified nonprofit corporation, shall be submitted
with the articles of incorporation or amendments thereto.
An initial plan may include provisions for the following:
(1) Creation and operation of the district and of the
nonprofit corporation to govern the district under this chapter;
(2) Hiring employees and professional services;
(3) Contracting for insurance;
(4) Purchasing or leasing office space and office equipment;
(5) Other actions necessary initially to form, operate, or
organize the district and the nonprofit corporation to govern the
district;
(6) A plan for public improvements or public services that
benefit all or part of the district, which plan shall comply with
the requirements of division (A) of section 1710.06 of the Revised
Code and may include, but is not limited to, any of the permissive
provisions described in the fourth sentence of that division or
listed in divisions (A)(1) to (7) of that section;
(7) If the special improvement district is being created
under this chapter for the purpose of developing and implementing
plans for special energy improvement projects or shoreline
improvement projects, provision for the addition of territory to
the special improvement district.
After the initial plan is approved by all municipal
corporations and townships to which it is submitted for approval
and the district is created, each participating subdivision shall
levy a special assessment within its boundaries to pay for the
costs of the initial plan. The levy shall be for no more than ten
years from the date of the approval of the initial plan; except
that if the proceeds of the levy are to be used to pay the costs
of a special energy improvement project or shoreline improvement
project, the levy of a special assessment shall be for no more
than thirty years from the date of approval of the initial plan.
In the event that additional territory is added to a special
improvement district, the special assessment to be levied with
respect to such additional territory shall commence not earlier
than the date such territory is added and shall be for no more
than thirty years from such date. For purposes of levying an
assessment for this initial plan, the services or improvements
included in the initial plan shall be deemed a special benefit to
property owners within the district.
(G) Each nonprofit corporation governing a district under
this chapter may do the following:
(1) Exercise all powers of nonprofit corporations granted
under Chapter 1702. of the Revised Code that do not conflict with
this chapter;
(2) Develop, adopt, revise, implement, and repeal plans for
public improvements and public services for all or any part of the
district;
(3) Contract with any person, political subdivision as
defined in section 2744.01 of the Revised Code, or state agency as
defined in section 1.60 of the Revised Code to develop and
implement plans for public improvements or public services within
the district;
(4) Contract and pay for insurance for the district and for
directors, officers, agents, contractors, employees, or members of
the district for any consequences of the implementation of any
plan adopted by the district or any actions of the district.
The board of directors of a special improvement district may,
acting as agent and on behalf of a participating political
subdivision, sell, transfer, lease, or convey any special energy
improvement project owned by the participating political
subdivision upon a determination by the legislative authority
thereof that the project is not required to be owned exclusively
by the participating political subdivision for its purposes, for
uses determined by the legislative authority thereof as those that
will promote the welfare of the people of such participating
political subdivision; to improve the quality of life and the
general and economic well-being of the people of the participating
political subdivision; better ensure the public health, safety,
and welfare; protect water and other natural resources; provide
for the conservation and preservation of natural and open areas
and farmlands, including by making urban areas more desirable or
suitable for development and revitalization; control, prevent,
minimize, clean up, or mediate certain contamination of or
pollution from lands in the state and water contamination or
pollution; or provide for safe and natural areas and resources.
The legislative authority of each participating political
subdivision shall specify the consideration for such sale,
transfer, lease, or conveyance and any other terms thereof. Any
determinations made by a legislative authority of a participating
political subdivision under this division shall be conclusive.
Any sale, transfer, lease, or conveyance of a special energy
improvement project by a participating political subdivision or
the board of directors of the special improvement district may be
made without advertising, receipt of bids, or other competitive
bidding procedures applicable to the participating political
subdivision or the special improvement district under Chapter 153.
or 735. or section 1710.11 of the Revised Code or other
representative provisions of the Revised Code.
Sec. 1710.06. (A) The board of directors of a special
improvement district may develop and adopt one or more written
plans for public improvements or public services that benefit all
or any part of the district. Each plan shall set forth the
specific public improvements or public services that are to be
provided, identify the area in which they will be provided, and
specify the method of assessment to be used. Each plan for public
improvements or public services shall indicate the period of time
the assessments are to be levied for the improvements and services
and, if public services are included in the plan, the period of
time the services are to remain in effect. Plans for public
improvements may include the planning, design, construction,
reconstruction, enlargement, or alteration of any public
improvements and the acquisition of land for the improvements.
Plans for public improvements or public services may also include,
but are not limited to, provisions for the following:
(1) Creating and operating the district and the nonprofit
corporation under this chapter, including hiring employees and
professional services, contracting for insurance, and purchasing
or leasing office space and office equipment and other
requirements of the district;
(2) Planning, designing, and implementing a public
improvements or public services plan, including hiring
architectural, engineering, legal, appraisal, insurance,
consulting, energy auditing, and planning services, and, for
public services, managing, protecting, and maintaining public and
private facilities, including public improvements;
(3) Conducting court proceedings to carry out this chapter;
(4) Paying damages resulting from the provision of public
improvements or public services and implementing the plans;
(5) Paying the costs of issuing, paying interest on, and
redeeming notes and bonds issued for funding public improvements
and public services plans;
(6) Sale, lease, lease with an option to purchase, conveyance
of other interests in, or other contracts for the acquisition,
construction, maintenance, repair, furnishing, equipping,
operation, or improvement of any special energy improvement
project by the special improvement district, between a
participating political subdivision and the special improvement
district, and between the special improvement district and any
owner of real property in the special improvement district on
which a special energy improvement project has been acquired,
installed, equipped, or improved; and
(7) Aggregating the renewable energy credits generated by one
or more special energy improvement projects within a special
improvement district, upon the consent of the owners of the
credits and for the purpose of negotiating and completing the sale
of such credits.
(B) Once the board of directors of the special improvement
district adopts a plan, it shall submit the plan to the
legislative authority of each participating political subdivision
and the municipal executive of each municipal corporation in which
the district is located, if any. The legislative authorities and
municipal executives shall review the plan and, within sixty days
after receiving it, may submit their comments and recommendations
about it to the district. After reviewing these comments and
recommendations, the board of directors may amend the plan. It may
then submit the plan, amended or otherwise, in the form of a
petition to members of the district whose property may be assessed
for the plan. Once the petition is signed by those members who own
at least sixty per cent of the front footage of property that is
to be assessed and that abuts upon a street, alley, public road,
place, boulevard, parkway, park entrance, easement, or other
public improvement, or those members who own at least seventy-five
per cent of the area to be assessed for the improvement or
service, the petition may be submitted to each legislative
authority for approval. If the special improvement district was
created for the purpose of developing and implementing plans for
special energy improvement projects or shoreline improvement
projects, the petition required under this division shall be
signed by one hundred per cent of the owners of the area of all
real property located within the area to be assessed for the
special energy improvement project or shoreline improvement
project.
Each legislative authority shall, by resolution, approve or
reject the petition within sixty days after receiving it. If the
petition is approved by the legislative authority of each
participating political subdivision, the plan contained in the
petition shall be effective at the earliest date on which a
nonemergency resolution of the legislative authority with the
latest effective date may become effective. A plan may not be
resubmitted to the legislative authorities and municipal
executives more than three times in any twelve-month period.
(C) Each participating political subdivision shall levy, by
special assessment upon specially benefited property located
within the district, the costs of any public improvements or
public services plan contained in a petition approved by the
participating political subdivisions under this section or
division (F) of section 1710.02 of the Revised Code. The levy
shall be made in accordance with the procedures set forth in
Chapter 727. of the Revised Code, except that:
(1) The assessment for each improvements or services plan may
be levied by any one or any combination of the methods of
assessment listed in section 727.01 of the Revised Code, provided
that the assessment is uniformly applied.
(2) For the purpose of levying an assessment, the board of
directors may combine one or more improvements or services plans
or parts of plans and levy a single assessment against specially
benefited property.
(3) For purposes of special assessments levied by a township
pursuant to this chapter, references in Chapter 727. of the
Revised Code to the municipal corporation shall be deemed to refer
to the township, and references to the legislative authority of
the municipal corporation shall be deemed to refer to the board of
township trustees.
Church property or property owned by a political subdivision,
including any participating political subdivision in which a
special improvement district is located, shall be included in and
be subject to special assessments made pursuant to a plan adopted
under this section or division (F) of section 1710.02 of the
Revised Code, if the church or political subdivision has
specifically requested in writing that its property be included
within the special improvement district and the church or
political subdivision is a member of the district or, in the case
of a district created by an existing qualified nonprofit
corporation, if the church is a member of the corporation.
(D) All rights and privileges of property owners who are
assessed under Chapter 727. of the Revised Code shall be granted
to property owners assessed under this chapter, including those
rights and privileges specified in sections 727.15 to 727.17 and
727.18 to 727.22 of the Revised Code and the right to notice of
the resolution of necessity and the filing of the estimated
assessment under section 727.13 of the Revised Code. Property
owners assessed for public services under this chapter shall have
the same rights and privileges as property owners assessed for
public improvements under this chapter.
Section 2. That existing sections 1710.01, 1710.02, and
1710.06 of the Revised Code are hereby repealed.
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